Is there tax on gift from parent spending down for Medicaid? - AgingCare.com

Is there tax on gift from parent spending down for Medicaid?

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I am 64 years old and receive SSDI. My father plans to give me a sizable amount of cash. Is this taxable? He is spending down his assets for Medicaid.

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Barb is correct about a Special Needs Trust. If you get a "sizeable amount" then your SSD could stop as would your Medicare and Medicaid. The only reason you have them is because you have no money. Medicaid rules do not allowing gifting by your Dad if he may need Medicaid in the next five years. He needs to talk to a elder lawyer.
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Reply to JoAnn29
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Your father needs to pay for his care as long as he has funds. If he has money to give you a sizable amount of cash - he has money to pay for his care. Taxpayers do not to pay for his care. See an attorney about setting up a qualified trust for you r needs.
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Reply to Becky04473
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Raider; I think that you and your family are confusing the IRS rules about gifting monies and Medicaid's rules about gifting money or transferring assets during the five years preceding application.

As Becky says, Medicaid is for the indigent. DO NOT listen to well-meaning friends or family or the "I've heard that" stories of others. Get solid legal advice from a certified eldercare attorney.

If you are disabled, a lawyer can assist your dad in setting up a "special needs trust" for you, but this needs to be done by a lawyer who understands how to do it properly so that Dad doesn't get disqualified from Medicaid and YOU don't lose your disability benefits.
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Reply to BarbBrooklyn
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You cannot gift money to spend down for Medicaid. Your father should use his money to pay for his care - that’s what his money is for. Medicaid is for the truly poor - not those who have given the money away. Since you are disabled, an attorney may be able to assist him in establishing a qualified trust for your benefit.
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Reply to Becky04473
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Gifts are not eligible as part of spend down.
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Reply to gladimhere
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RaidersLV, to answer your question, no, if the gift is under $15,000, there won't be any federal tax effect. If it's more than that, then it can also be done without a tax effect, but it has to be claimed as part of the lifetime gift tax exemption of about $5 million. But, as previously posted, do talk to an attorney familiar with your state's Medicaid rules, as gifts will cause a Medicaid penalty for your father, with the possible exception of him funding a special needs trust for your benefit.
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Reply to bicycler
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Definitely do not let him gift any money until you talk to an attorney that specializes in Medicaid and estate planning.
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Reply to AnonymousMember
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Talk to a lawyer. It could affect assets and disqualify you from Medicaid. Unless set up carefully it could cause a transfer penalty to your father for Medicaid. Depending on amount your father could owe gift tax. You need someone to look at specifics and legal advice is covered in spend down.
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